The purpose of this amendment is to adopt the updated full-time equivalent (FTE) student membership reporting instructions publication (FTE General Instructions) for 2014-15, delete a reference to rule provisions that no longer exist, delete ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0451Florida Education Finance Program Student Membership Surveys

PURPOSE AND EFFECT: The purpose of this amendment is to adopt the updated full-time equivalent (FTE) student membership reporting instructions publication (FTE General Instructions) for 2014-15, delete a reference to rule provisions that no longer exist, delete obsolete language requiring FTE for survey periods 2 and 3 to each equal 90 days and remove a provision authorizing survey amendments that are not submitted within the established deadline to be treated as prior-year adjustments.

SUMMARY: This amendment adopts the updated FTE General Instructions 2014-15, deletes obsolete language and a provision authorizing survey amendments that are not submitted within the established deadline to be treated as prior-year adjustments.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on past agency experience with updating instructions for FTE reporting for school districts in accordance with laws and rules of the State Board of Education, the adverse impact or regulatory cost, if any, does not exceed, nor would be expected to exceed, any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes. Revisions incorporate fiscal year changes that will not cost school districts additional expenditure for implementation.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(1), (2)(n), 1011.60(1), 1011.62(1), 1011.68 FS.

LAW IMPLEMENTED: 1011.62(1), 1011.68 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: November 18, 2014, 8:30 a.m.

PLACE: Seminole State College, Heathrow Campus, 1055 AAA Drive, Heathrow, FL 32746

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations, Florida Department of Education, 325 West Gaines Street, Room 814, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0451 Florida Education Finance Program Student Membership Surveys.

(1) The Commissioner shall prescribe the methods for completing and reporting full-time equivalent (FTE ) student membership surveys and transported student membership surveys in each school district for the Florida Education Finance Program in the publication titled “FTE General Instructions, 2014-15 2013-14,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____03905) which is hereby incorporated by reference in this rule. The instructions may be obtained from the Bureau of School Business Services, Office of Funding and Financial Reporting, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(2) The Commissioner shall have the authority to establish for any school district or school an alternate date for an FTE student a full-time equivalent membership survey or transported student membership survey within nine (9) weeks of the regular statewide survey if evidence is submitted by the school district that indicates an abnormal fluctuation in student membership has occurred at the time of the statewide survey. The alternate date shall be established by the Commissioner prior to conducting the survey. In determining what constitutes an abnormal fluctuation, the Commissioner shall examine the historical trends in student membership and limit consideration to changes in which there is a variation in excess of twenty-five (25) percent in any school, or five (5) percent in the district between the membership count at the time of the statewide membership count and the alternate membership count due to factors such as major student boycotts; civil disturbances; in-migration or out-migration in agricultural, industrial, and federal installations or contractors; or providential causes beyond the control of the district school board.

(3) The Commissioner may approve an alternative to the instructions for completing the surveys, reporting the data to the department and maintaining student records for audit purposes in paragraphs (b), (c) and (d) of subsection (1) of Rule 6A-1.0451, F.A.C., for a given district based on an emergency, a pilot study, or increased effectiveness and efficiency in data collection or reporting.

(4) During the year, at least four (4) full-time equivalent student membership surveys shall be conducted under the administrative direction of and on a schedule provided by the Commissioner. The second period and the third period full-time equivalent student membership survey for students in a program scheduled for one hundred eighty (180) school days, or the hourly equivalent as provided in Rule 6A-1.045111, F.A.C., shall each be equal to ninety, one hundred eightieths (90/180) of the school year, or the hourly equivalent. Students in a program scheduled for fewer less than one hundred eighty (180) school days, or the hourly equivalent as provided in Rule 6A-1.045111, F.A.C., in any FTE full-time equivalent student membership survey shall be a fraction of an FTE student a full-time equivalent member as provided in Section 1011.61(1), F.S. The four (4) survey periods, insofar as practicable, shall be scheduled to take the extended school year, staggered school year, and other variations of or from the regular one hundred eighty-day (180) day school year into consideration. School districts may submit amendments to student membership survey data in accordance with the following schedule: Survey Period 1 (July) may not be amended after September 30 following the survey except that the Florida Virtual School, established in Section 1002.37, F.S., may amend a common student identifier until the Survey Period 2 amendment deadline; Survey Period 2 (October) may not be amended after March 31 following the survey; Survey Period 3 (February) may not be amended after July 31 following the survey; Survey Period 4 (June) may not be amended after August 31 following the survey, or until a membership survey audit as required by Rule 6A-1.0453, F.A.C., has been completed, whichever shall take place first. Such amendments that are submitted too late to be reviewed and included in the last membership data determining the earnings of Florida education finance program funds for the given year shall be treated as prior year adjustments.

(5) No change.

(6) For students in all special programs, a student’s FTE full-time equivalent membership shall be reported in the respective special program cost factor prescribed in Section 1011.62(1)(c), F.S., when the student is eligible and is attending a class, course, or program that has met all of the criteria for the special program cost factor. In addition, when reporting program membership, each student shall be reported in the same special program category as reported in the FTE full-time equivalent membership survey.

(7) No cahnge.

Rulemaking Authority 1001.02(1), (2)(n), 1011.60(1), 1011.62(1), 1011.68 FS. Law Implemented 1011.62(1), 1011.68 FS. History–New 4-19-74, Amended 10-31-74, Repromulgated 12-5-74, Amended 6-1-75, 1-29-76, 4-12-78, 8-2-79, 2-4-81, 7-28-81, 4-27-82, 7-13-83, 7-10-85, Formerly 6A-1.451, Amended 3-12-86, 9-30-87, 10-31-88, 12-5-90, 10-26-94, 12-15-98, 3-24-08, 5-3-10, 4-22-14,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, Finance and Operations

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 13, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 12, 2014